Loading...
HomeMy WebLinkAboutAmending Chapter 21, Article 5, Entitled off-street parking and loading facilites, division 3.• ', ORDINANCE No. a~.ds, Passed by the Common Council of the City of South Bend, Indiana November 10, 19 ~^ Attest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council November 12, 19 97 City Clerk Approved and signed by me November 12, 19 97 Mayar SUBSTITUTE BILL/ /N0.77-97 ORDINANCE NO. ~~ `1C~ ' ~7 A ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 5, ENTITLED OFF-STREET PARKING AND LOADING FACILI'I'IES, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE . STATEMENT OF PURPOSE AND INTENT The Indiana State Legislature has given to all communities the ability to enact regulations in order to prevent undue traffic congestion, which promote an orderly and efficient circulation of pedestrians and vehicles, and to develop a coordinated pazking plan. The City of South Bend believes that its current guidelines in this azea should be upgraded in the effort to provide an enlazgement to the exemption regulations specifically addressing off-street parking facilities and regulations. Through the joint efforts of the City administrative branch and the City legislative branch working together with concerned citizens, this proposed ordinance is filed in the interest of providing an additional tool to assist the City in the development and growth of the area bounded by the first north-south alley east of Niles Avenue, north to Crescent Avenue and south to Jefferson Boulevazd. This proposed ordinance is forwazded to the Area Plan Commission by a majority of the members of the South Bend Common Council for purposes of complying with the governing state law when such an ordinance is introduced by a member of the Council. 1~io~o, l:~~r~tor~, bt it or~aciix~~ b~ ~~ ~ommo~t ~Loutti>ri1 of ~~ ~it~ o~ ~Ottt.~j ~ld~ttb, ~tti~'i~tti~, as follows: SECTION I. Chapter 21, Article 5, Division 2, Section 21-89.5 entitled "East Bank Parking District Schedule" of the South Bend Municipal Code is repealed in its entirety. SECTION II. Chapter 21, Article 5, Division 3, Section 21-102 entitled "Exemption of Central Business District " of the South Bend Municipal Code shall read in its entirety as follows: Sec. 21-102 Exemption~of the Central Business District Core and the East Bank Parking District. In order to prevent undue traffic congestion in azeas of intensive business concentration and so ~ promote an orderly and efficient circulation of pedestrians and vehicles, it is necessary and reasonable that off-street parking facilities be provided in such areas only in conformity with an overall, coordinated pazking plan. To secure these objectives, no accessory off-street pazking facilities shall be required for any use in the Central Business District Core Area and the East Bank Pazking District as shown upon certain maps in the "Book of Maps" and in sections 21-104 and 21-104.5 attached hereto and included herein. Such maps shall be designated "Exempted Central Business Core Area" and "Exempted East Bank Parking District" respectively,, SECTION III. Chapter 21, Article 5, Division 3, Section 21-102.5 entitled "East Bank Pazking District Legal Description" of the South Bend Municipal Code shall read in its entirety as follows: Sec. 21-102.5. East Bank Parking District Legal Description The following area is designated as the East Bank Pazking District and is the area exempted with regard to the parking requirements as referred to in Sec. 21-102: centerline of the St. Joseph River to the point of beginnins. SUBSTITUTE BILL N0.77-97 Page 2 SECTION IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and a y Member of the Common Co ncil PUuLK tiEf:~atJG ~/-- l D' 3 rd READING /~ - ~U - ~ 7 NOT APPROVED REFERRED / ` ~ PASSED /I, /(~ "~7 ~ j ~UWTI~~ Fated in Cierk's Office O C T 2 3 X997 l.ORETTAJ. DUDQ CITY CLEAit, £30. BE~rD. Ri. Sec. 21-104.5. Exempted East Bank Parking District.- N W~E S i~ ~~ .~ ~. _.} l `~, , ~ ~~ ~~ 1 ~~ ~, ~-~ 7 LJ ao ~~ ~~ ~1 ~i'- A ° ICI ~~~~"J~ Filed in Clerk's Office o c T 2 3 y~s7 ~oREna~. ouaa CRYCL[AK, 8C, BENDS ITa. COMITTEE REPORT TO THE COMMON CDUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred BILL NO. 77-97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 5, ENTITLED OFF-STREET PARKING AND LOADING FACILITIES, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Council favorably as substituted Sean Coleman Chairman Roland Kelly President City of South Bend Common Council County-City Building .South Bend, Indiana 46601 (219)235-9321 Fax (219)235-9173 TDD (219) 235-5567 Charlotte Pfeifer Vice-President August 6, 1997 Sean Coleman Members of the Common Council Chairperson, Committee 4th Floor County-City Building of the Whole South Bend, Indiana 46601 James Aranowski Re: Enlargement of the Exemption Areas: Off-Stream Parking Requirements First District Dear Councilmembers: Charlotte Pfeifer Second District For the past several months, I have been examining the parking requirements currently in effect for areas east of the St. Joseph River near the Roland Kelly immediate downtown area. Development and promotion of this vital area of our City is necessary in order to continue to attract fine businesses which Third District augment the natural beauty of this location. John Broden Fourth District Accordingly, I am recommending that the exemption area be increased from the current off-street parking facility requirements. I am recommending David Varner that the area be increased so that the boundaries be expanded to include: as the Fifth District east boundary the first north-south alley east of Niles Avenue; that the north boundary be Crescent Avenue and that the southern boundary be Jefferson Andrew Ujdak Boulevard. Sixth District I have been in contact with several members of the City Administration. Sean Coleman It is my understanding, that an internal parking study of the proposed area is currently being conducted by the staff of the Department of Community and At Large Economic Development. That study will be forwarded to the Area Plan Commission and the Common Council in time for the public hearings on this john xosinski proposed ordinance. At Large Rod Sniadecki I further understand that under current Indiana state law, an ordinance of At Large this nature must be recommended by a majority of the Common Council to the Area Plan Commission. At the August 11, 1997 Common Council meeting, I Kathleen Cekanski-Farrand plan to make a motion indicating that a majority of the Council does recommend council Attorney this ordinance for consideration to the Area Plan Commission. I will ask the City Clerk s office to forward a written copy of that motion, along with the proposed ordinance, when they are both forwarded to the Commission along with this letter. South Bend Common Council August 5, 1997 Page 2 I look forward to discussing this entire matter with the entire Council, and seek your support. Sincerely, John Hosinski Councilmember at Large cc: Mayor Stephen J. Luecke Jon Hunt ~,UG - 5 1~~7 _..-~-.~ Area Plan Commission of St. Joseph County '` ~~ ~ 1140 County-City Building South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 October 22, 1997 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 13u ~ ~~cn. ~ RE: A proposed ordinance initiated by the Common Council of the City of South Bend Indiana, amending various sections within Chapter 21, Article 5, entitled off-street parking and loading facilities, of the South Bend Municipal Code, designating the East Bank Parking Exempt District - APC #1794-97 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on October 9, 1997. The Area Plan Commission at its public hPar;na nn n~rnhPr 21. 1997. took the following action: Upon a motion by Carl Littrell, being seconded by Joseph Serge and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend Indiana, amending various sections within Chapter 21, Article 5, entitled off-street parking and loading facilities, of the South Bend Municipal Code, designating the East Bank Parking Exempt District, as amended, is sent to the Common Council with a favorable recommendation,'subject to any necessary revisions to the legal description and a commitment on the part of the City to construct the necessary off-street parking facilities as they become needed. The Commission has serious reservations about this proposed ordinance due to the potential for conflicts among property owners within the district because some property owners will provide the necessary parking for their establishments while other owners will not. This may result in the customers of those establishments which do not provide adequate parking using the parking lots of those businesses which do. The City has already seen instances of this in the East Bank area. There is also a potential that some nearby residential areas may be seriously impacted because of shortages of parking within the district. The Central Business District is currently exempt from parking requirements, but sufficient parking is provided by parking garages and surface lots. At night, many of these facilities are open for use by the public patronizing the entertainment district. A similar arrangement is necessary for the East Bank area if parking is to be exempted for the individual uses. The Commission would not normally encourage the wholesale elimination of parking requirements in commercial areas since the present variance procedure is a reasonable method for granting relief where it is warranted; however, the current proposal is part of the City's overall plan for the East Bank and might help to achieve the objective of creating a unique pedestrian-oriented residential/commercial area. PLEASE NOTE that the Ordinance has been amended by the petitioner different than that used for the Common Council's first reading. amended Ordinance was the Ordinance legally advertised and heard Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana and is The ~ ~ r i. Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Si re , ober W. Sante RWS:sr Attachment Fated in Clerk's Office O C T 2 2 1997 LORETTA J. DUDA CRY CLERK, 80. BEND. tNt. ~ ~ ~ ~ STAFF REPORT October 10, 1997 Initiated by the Common Council 1794-97 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated Text Amendment exempting the East Bank Area from the parking requirements set forth in Section 21, Article 5, of the South Bend Municipal Code. PRELIMINARY STAFF RECOMMENDATION: The Staff has serious reservations about this proposed ordinance due to the potential for conflicts among property owners within the district because some property owners will provide the necessary parking for their establishments while other owners will not. This may result in the customers of those establishments which do not provide adequate parking using the parking lots of those businesses which do. We have already seen instances of this in the East Bank area. There is also a potential that some nearby residential areas may be seriously impacted because of shortages of parking within the district. The Central Business District is currently exempt from parking requirements, but sufficient parking is provided by parking garages and surface lots. At night, these facilities are open for use by the public patronizing the entertainment district. A similar arrangement is necessary for the East Bank area if parking is to be exempted for the individual uses. The Staff would not normally encourage the wholesale elimination of parking requirements in commercial areas since the present variance procedure is a reasonable method for granting relief where it is warranted; however, the current proposal is part of the City's overall plan for the East Bank and might help to achieve the objective of creating a unique pedestrian-oriented residential/commercial area. Therefore, the Staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to any necessary revisions to the legal description and a commitment on the part of the City to construct the necessary off-street parking facilities as they become needed. Filed in Clerk's Office OCT 2 2 1997 LORETTA J. OllDA CITY CLERKS 80. gEND.11~.